ACLU Pennsylvania: Blacks Eight Times More Likely Than Whites To Be Arrested For Marijuana Possession

African Americans in Pennsylvania are over eight times more likely to be arrested for marijuana possession offenses than are Caucasians, according to an analysis of statewide arrest data by the American Civil Liberties Union.

The ACLU Pennsylvania report reviewed arrest data for all 67 counties from 2010 to 2016. Excluding Philadelphia, which decriminalized cannabis possession offenses in 2014, adult marijuana possession arrests increased 33 percent during this time period – at a cost of $225.3 million to taxpayers. Black adults were 8.2 times more likely than their white counterparts to be arrested for possessing marijuana – up from 6.5 percent in 2010.

Recent analyses from other states, such as New Jersey and Virginia, have similarly identified racial disparities in marijuana possession arrests. Nationwide, African Americans are approximately four times more likely than whites to be arrested for possessing marijuana, despite members of both ethnicities using the substance at similar rates.

“Pennsylvania’s insistence in continuing to fight the war on marijuana, is at the root of the problematic data presented in this report,” the ACLU of Pennsylvania concluded. “Law enforcement has not only continued its business-as-usual arresting policies in enforcement of cannabis prohibition, it has ramped up enforcement as marijuana use has become more accepted throughout the commonwealth and the nation. If laws don’t change, this pattern will likely continue; law enforcement could become even more heavy handed until policymakers are clear that it is time to end this approach. The clearest way to send that message is to end prohibition altogether.”

This October 20th marks the third anniversary of the decriminalization of marijuana in Philidelphia, making the birthplace of the American Constitution the largest city to have marijuana possession a non-arrestable offense outside of a legalized state. Yet there is much progress to still be made beyond decriminalization.

“It is time for us to chart a better path forward. When politicians and police stop treating cannabis consumers like criminals, Pennsylvania can gain thousands of jobs and millions in tax revenue,” wrote Temple Professor Chris Goldstein for Philly.com earlier this month. “I hope that by next October, the verdant harvest of Pennsylvania cannabis is something that will benefit every single resident of the commonwealth.”

And the political winds are changing.

In September, citing racism, bigotry, and mass-incarceration, the Pennsylvania Democratic Party adopted a resolution to “support Democratic candidates and policies which promote the full repeal of cannabis prohibition by its removal from the Controlled Substances Act, and to support the creation of new laws which regulate it in a manner similar to other culturally accepted commodities.”

“It’s time to stand on research, and the research shows it’s time to legalize marijuana in Pennsylvania,” said state Rep. Jordan Harris of Philadelphia, who is chairman of the Pennsylvania Legislative Black Caucus.

“Millions of dollars are spent each year on marijuana prosecutions. And prosecution costs are just part of the story,” wrote Pennsylvania Auditor General of Eugene DePasquale in September, “There is also the loss of income and other social, personal, and emotional impacts on those arrested for simply possessing a small amount of marijuana. That’s ridiculous. The police and court systems have more urgent issues to address.”